The terms and conditions contained herein including the Privacy Policy which is incorporated by reference as if fully set forth herein (to be read in combination and referred to herein in their entirety as “The Agreement”) shall be binding on each and every customer who accesses FXCapitalOnline.co and shall inure in the benefit of FXCapital Online, LLC d/b/a FXCapitalOnline.co (“Company”) and Company’s successors and assigns AND (2) SUPERSEDE AND REPLACE ANY INCONSISTENT STATEMENT IN ANY OF OUR MATERIALS, ADVERTISEMENTS OR WEBSITES.
THESE TERMS AND CONDITIONS ARE LEGALLY BINDING ON YOU WITH RESPECT TO ANY “TRANSACTION” AS THAT TERM IS DEFINED BELOW. BY ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS AS A PREREQUISITE TO ANY OF THE AFOREMENTIONED ACTIVITIES WITH US.
The terms “you” and “your” refer to the person(s) or entity wishing to purchase the Company materials (collectively hereinafter referred to as “Materials”), as well as accessing or using our websites and providing us with your personal information. (collectively hereinafter referred to as “Transaction”). “We”, “our”, and “us” refer to Company and its employees, agents, members, owners, directors, officers, successors and assigns. By using our services and/or purchasing our Materials, you agree to the terms and conditions set forth herein.
By using the Website or Services, you represent and warrant that you are at least 18 years old, a resident of the United States, and are otherwise legally qualified to enter into and form contracts under applicable law. This Agreement is void where prohibited.
Method of Payment and Refund Policy:
The Company offers its Materials for a one-time payment. For these Materials, a valid debit or credit card will be required to complete the purchase, and the amount of the purchase will be charged to the debit or credit card concurrently with the completion of the purchase on the website.
When you purchase an individual product, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to you.
All payments made to the Company in connection with the Materials purchased are non-refundable; and the Company does not offer, and is not required to provide, any refunds or credits for any reason, including, without limitation, satisfaction of the Materials. There is no circumstance in which you will be entitled to, or the Company is required to provide, a refund or credit for any reason, including, without limitation, satisfaction of the materials.
Risk Disclosures:
Trading Forex carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to trade Forex, you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss in excess of any initial investment. You should be aware of all the risks associated with foreign exchange trading and seek advice from an independent financial advisor if you have any doubts.
Any opinions, research, analyses, prices, or other information contained in the Materials is provided as general market commentary and does not constitute investment advice and is subject to change at any time without notice. Any opinions, research, analyses, prices, or other information contained in the Materials are for the sole purpose of assisting traders to make independent investment decisions. The Company has taken reasonable measures to ensure the accuracy of the information on the website; however, it does not guarantee accuracy and will not accept liability for any loss or damage which may arise directly or indirectly from the content or from your inability to access the website, or for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this website. The Company will not accept liability for any loss or damage including, without limitation, to any loss of profit which may arise directly or indirectly from use of or reliance on such information.
This site is not intended for distribution or use by any person in any country where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in this website are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.
The Company may express or utilize testimonials or descriptions of past performance, but such items are not indicative of future results or performance, or any representation, warranty or guaranty that any result will be obtained by you. Your results may differ materially from those expressed or utilized by us due to a number of factors.
COMMODITY FUTURES TRADING COMMISSION RULE 4.41: Hypothetical performance results have many inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those being shown.
Electronic Communication and Signature:
FOR PURPOSES OF THE TRANSACTION, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL, USE OF ELECTRONIC CONTRACTS, AND TO ACCEPT THESE TERMS AND CONDITIONS BY ELECTRONIC MEANS. YOU AGREE THAT CLICKING THE SUBMIT BOX AT THE END OF THE OUR GET STARTED FORM CONSTITUTES YOUR ELECTRONIC SIGNATURE.
YOU AGREE AND CONSENT TO BE CONTACTED BY THE US, OUR AGENTS, EMPLOYEES, AFFILIATES, VENDORS, AND RELATED THIRD-PARTIES THROUGH THE USE OF EMAIL, AND/OR TELEPHONE CALLS AND/OR SMS/MMS TEXT MESSAGES TO YOUR CELLULAR, HOME OR WORK NUMBERS, AS WELL AS ANY OTHER TELEPHONE NUMBER YOU HAVE PROVIDE IN CONJUNCTION WITH A TRANSACTION, INCLUDING THE USE OF AUTOMATIC TELEPHONE DIALING SYSTEMS, AUTODIALERS, OR AN ARTIFICIAL OR PRERECORDED VOICE.
Limitation of Liability:
BY AGREEING TO THESE TERMS AND CONDITIONS AND/OR ENGAGING IN A TRANSACTION WITH US, YOU AGREE AND UNDERSTAND THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIM, LAWSUIT, ACTION, DISPUTE, CONTROVERSY OR OTHER MATTER YOU MAY ASSERT AGAINST US SHALL NOT EXCEED THE COST OF THE MATERIALS YOU PURCHASED AND UNDERSTAND THAT WE WILL NOT BE LIABLE FOR ANY MONETARY, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST INCOME, REVENUE, PROFIT OR OPPORTUNITY, WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING AND WHETHER BASED IN CONTRACT, EQUITY, TORT, STATUTE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABIILTY. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT ARE NOT EXPRESSLY STATED HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL, AND WILL HAVE NO, AND ASSUME NO LIABILITY, WHETHER ARISING IN CONNECTION WITH A TRANSACTION, OUR WEBSITE(S) OR ANY MATERIALS PROVIDED BY US, OR FOR ANY OTHER REASON, INCLUDING, WITHOUT LIMITATION, OUR OWN INTENTIONAL, ACCIDENTAL OR NEGLIGENT ACTS OR OMISSIONS.
Miscellaneous:
Headings in these Terms and Conditions are for convenience only and shall not be used to interpret or construe the same.
The invalidity, in whole or in part, of any provision of these Terms and Conditions shall not affect the validity of the remainder of the provisions of the Terms and Conditions
These Terms and Conditions are intended to confer rights and benefits only on the Parties and categories of individuals and entities related to us that are referenced herein and are not intended to confer any right or benefit upon any other person or entity.
Links to third-party sites are provided for your convenience. Such sites are not within our control and may not follow the same privacy, security, or accessibility standards as ours. The Company neither endorses nor guarantees offerings of the third-party providers, nor is the Company responsible for the security, content or availability of third-party sites, their partners or advertisers.
Applicable Law, Waiver of Jury Trial, and Agreement to Arbitrate:
We expressly reserve the right modify these Terms and Conditions, as well as any transaction or other agreement with us to comply with applicable state or federal law. You agree that any transaction or other agreement you enter into with us shall be construed and enforced in accordance with and governed by the laws of the state of Florida and applicable federal law, without reference to or application of Florida’s conflict of law principles. YOU EXPRESSLY AGREE THAT ANY CLAIMS, LAWSUITS, ACTIONS, OR DISPUTES AGAINST COMPANY MUST BE EXCLUSIVELY FILED AND TAKE PLACE IN THE STATE OR FEDERAL COURTS LOCATED IN MIAMI-DADE COUNTY, BROWARD COUNTY, OR PALM BEACH COUNTY, FLORIDA, USA and you expressly agree that any such Court has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum non-convenience.
CLICKING ON THE SUBMIT BOX AT THE END OF THE OUR “GET STARTED” FORM CONSTITUTES YOUR ELECTRONIC SIGNATURE AND AGREEMENT TO THESE TERMS AND CONDITIONS AND THAT YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD ALL THE TERMS AND CONDITIONS.
Terms and Conditions are subject to change